Energy Solutions — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 JUL 0 8 2009 Mr. James H. Portsmouth Manager - Regulatory Compliance Energy Solutions 2345 Stevens Drive Suite 240 Richland, WA 99354 Ref. No.: 09-0149 Dear Mr. Portsmouth: This responds to your letter regarding clarification of the driver training requirements in 5 177.816 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the training frequency and recordkeeping requirements in 5 172.704 apply to drivers trained in accordance with 49 CFR Parts 390 through 397. The answer is yes. Pursuant to 5 177.816(a), in addition to the training requirements of 5 177.800, no carrier may transport, or cause to be transported, a hazardous material unless each hazmat employee who will operate a motor vehicle has been trained in the applicable requirements of Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR Parts 390 through 397) and the procedures necessary for the safe operation of that inotor vehicle. Further, pursuant to 5 177.816(b), each person who operates a cargo tank or a vehicle loaded with a portable tank with a capacity of 1,000 gallons or more must receive training applicable to the requirements of the HMR and have the appropriate State-issued commercial driver's license required by 49 CFR Part 383. This training must conform to the requirements of 5 172.704 of this subchapter with respect to frequency and recordkeeping. See 5 177.816(d)). I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2June 15,2009 Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration Attention: PHH- 10 U.S. Department of Transportation 400 7th Street, SW Washington, DC 20590-0001 Subject: Frequency and Recordkeeping Requirements for Drivers to Federal Motor Carrier Safety Regulations To Whom It May Concern: I am requesting clarification on the subject of frequency and recordkeeping requirements to Federal Motor Carrier Safety Regulations. Code of Federal Regulations (CFR), Title 49, . Part 177, Section 8 16(a) states drivers transporting hazardous material must be trained to the Federal Motor Carrier Safety Regulations (FMCSR). There remains to be some conhsion concerning frequency and recordkeeping requirements for drivers who transport hazardous material on public highway. Question: Is the frequency and recordkeeping requirements for drivers' training (who transport hazardous material on public highway) to 49 CFR 390 through 399 established by Hazardous Material Regulations, specifically 49 CFR 172.704? Example: A driver transports hazardous materials that required placards. 1. Is the driver required to be training to 49 CFR 390 through 399 within 90 days after employment or a change in job function a required by 49 CFR 172.704(c)(l)(ii)? 2. Is that driver required to be trained to 49 CFR 390 through 399 every three years as required by 49 CFR 172.704(~)(2)? 3. Are the above driver's training records required to meet recordkeeping requirements , within 49 CFR 172.704(d)? Please provide written clarification to the questions stated above. Your clarificatio'ns would be appreciated. > a 2345 Stevens Drive, Suite 240 Richland, WA 99354 509.371.8006 Fax: 509.375.9500 www.energysolutions.com#

Page 3U.S. Department of Transportation Page 2 June 15,2009 If you have any questions or concerns regarding this request, you can contact me at (509) 375-9595, or on my cell phone at (509) 420-3699. Sincerely, c p w w 1-\ James H. Portsmouth, Manager Traffic ManagemenURegulatory Compliance jmt EnergySolutions - J. A. Reeves JHP FileLB#